General Terms and Conditions

GENERAL TERMS AND CONDITIONS (AGB) for the online shop

§ 1 Contractual Partners, Scope, Conclusion

The purchase agreement is concluded between Fallschirmsportschule Saar GmbH, Flugplatz, D-66798 Wallerfangen, and the customer. All deliveries and services performed by Fallschirmsportschule Saar GmbH are based on these terms and conditions (AGB), as amended at the time of the respective contract. The purchase contract is concluded and legally valid after delivery of a written order confirmation on a permanent data carrier (e.g. e-mail) or implicitly by the delivery of goods and/or billing and/or performance of the respective service.

§ 2 Right of Withdrawal, Right of Return

Customers may withdraw from the purchase contract and exercise their statutory right of return without giving reasons within fourteen (14) days after the receipt of goods and/or detailed written instructions. For compliance with the withdrawal period, the sending date of the written withdrawal note (e.g. letter, fax or e-mail) or of the respective returned goods is relevant. Goods and withdrawal notes must be sent to the following address: Fallschirmsportschule Saar GmbH, Flugplatz, D-66798 Wallerfangen, fax: +49 6837-7080116. Fallschirmsportschule Saar GmbH will reimburse received payments within 25 days after receipt of the respective withdrawal note and the returned goods. The costs of return are borne by the customer. In accordance with § 312d of the German Civil Code (BGB), customized goods are exempt from the right of return (e.g. individually colored canopies, custom size harnesses or jumpsuits). The same holds for audio or video data carriers, software with broken seals or goods that are generally unit for return. Returned goods must be in their original package including all original contents (manuals etc.) and sent to the above specified address. If returned goods show traces of use, Fallschirmsportschule Saar GmbH reserves the right to withhold an appropriate compensation. Customers can avoid this by unpacking and assessing the product but not putting it to use before deciding to return it.

§ 3 Availability

If after concluding a contract, Fallschirmsportschule Saar GmbH finds that certain goods or services are not available any more or can not be delivered or performed due to legal reasons, Fallschirmsportschule Saar GmbH may withdraw from the contract or opt to provide an alternative product or service matching the original order in quality and price. In such case, customers will immediately be informed of the non-availability of ordered goods or services. Any payments received will be returned immediately after withdrawal from a contract.

§ 4 Delivery

Goods in stock are usually delivered within 3-4 working days after the receipt of orders via Deutsche Post / DHL or their respective international partners. Goods requiring an order form (e.g. jumpsuits or parachuting gear) are delivered within 6-8 weeks after receipt of the respective order form. Delivery of other goods is subject to the conditions specified in the order confirmation. Important: The delivery date for customized products (e.g. canopies, harnesses or jumpsuits) may deviate up to 50% from the originally confirmed delivery date due to reasons outside of the responsibility of Fallschirmsportschule Saar GmbH. Products remain property of Fallschirmsportschule Saar GmbH until fully paid.

§ 5 Prices

Prices listed refer to orders via internet. All prices indicated include VAT (applicable for end customers in Germany and other EU states). For end customers from non-EU states, prices are indicated without VAT. Statutory VAT is calculated for dealers according to applicable law and may be subject to variations, e.g. depending on the indicated shipping address or EU tax number. Final price and tax calculations are subject to the respective customer’s personal information in existing master data sets. We therefore recommend users to log in as customers in order to ensure that the correct prices are indicated. All prices indicated are end prices. There are no discounts available. Shipping to non-EU states is subject to net prices (without VAT). For shipments to non-EU states, we charge expenses accrued in connection with the preparation of customs forms. In the case of inaccurate or incomplete price information, we reserve the right to correct such information. In such cases, we will immediately inform customers of the error and provide the respective correct information. Affected customers may then confirm or cancel their order.

§ 6 Warranties / Complaints

Despite careful controls it can not be excluded that in very rare cases, the product you receive is defect or not the product you ordered. Please note that as a customer, it is your responsibility ‑ also in your own interest ‑ to communicate obvious defects in a product within two (2) weeks after delivery. In this context, the sending date of your complaint is relevant. If defects are not communicated within this period, any warranty claims for obvious defects are excluded. For a fast processing of your complaint, please send us a copy of the respective invoice and a detailed description of the defect. Please also indicate whether you wish to be refunded the purchase price or receive a credit to your customer account or wish for the product to be replaced or repaired. If you opt for a refund of the purchase price, please indicate your bank details. During the statutory warranty period of two (2) years after delivery of the product, we will repair or replace faulty products in part or entirely. If a repair or a replacement fails to remedy a defect, customers may demand a reduction of the purchase price or cancel the purchase agreement. Warranty does not include parts subject to wear and tear or defects resulting from faulty handling, excessive use or external factors.

§ 7 Damage in Transit

Please verify at receipt that deliveries are complete and undamaged. If the package is damaged or appears to have been fixed by the shipping company, please leave a formal complaint with the delivery person and demand a written confirmation of the complaint. When in doubt, do not accept the package and contact us. We will ensure quick replacement.

§ 8 Liability

Fallschirmsportschule Saar GmbH, their management and staff are liable in cases of culpa in contrahendo, impossibility, unlawful acts and other legal grounds and only in cases of intent, gross negligence or other culpable violation of material contractual obligations (cardinal obligations). Cardinal obligations are of crucial importance for the implementation of a contract, so that customers may rely on them being fulfilled. Any further liability is explicitly excluded. The scope of liability under the German Product Liability Act remains unaffected. Delayed delivery: Fallschirmsportschule Saar GmbH is not liable for delays in delivery caused by external third parties (e.g. manufacturing, freight forwarding etc.). Customers may withdraw from a purchase contract if the agreed delivery time is exceeded by more than 50%. Customers will be informed immediately of significant delays in delivery. In cases of delay resulting from gross negligence on behalf of Fallschirmsportschule Saar GmbH, liability is limited to a maximum of 5% of the respective order value.

§ 9 Miscellaneous

The participant is not entitled to any set-offs, unless the respective claims are undisputed or established as legally valid by court decision.

§ 10 Choice of law

The legal relationship between Fallschirmsportschule Saar GmbH and its customers as well as the respective relevant terms and conditions are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

§ 11 Gift certificates

Vouchers issued by us are valid for 3 years after the statutory limitation period. The period of limitation begins at the end of the year in which the claim (purchase of the voucher) arose. The vouchers are not named and can therefore be transferred to other persons within the statute of limitations. A refund of the voucher amount, for whatever reason, is excluded.

§ 12 Severability

If individual provisions of this document should be or become partially or entirely invalid, then this shall not affect the validity of the respective remaining provisions. In such case, the partners will replace the invalid provision with a legally valid one matching as closely as possible the economic purpose of the original wording and taking into consideration both partners’ interests. The same holds in the event of unanticipated gaps in this document.

GENERAL TERMS AND CONDITIONS (AGB) for the freefall course

Even in spite of careful schooling, the use of state-of-the-art materials and the employment of all available safety equipment, a significant residual risk can not be eliminated from parachuting as a sport. The weakest link in the chain is not technology, but the human factor. Even the most enthusiastic skydivers must always be aware of this and make a realistic assessment of their personal limits and skills. In order to avoid misunderstandings and disputes, we ask you to carefully read the following terms and conditions, which you accept as binding by signing your application.

§ 1 Registration

Applications may be sent via internet or regular mail to the following address:
Fallschirmsportschule Saar GmbH
Flugplatz
66798 Wallerfangen
Tel: +49 6837 74136
Fax: +49 6837 7080116

§ 2 Fees

Registration is subject to a fee of EUR 320.00 (VAT included). This full amount of the registration fee is credited at the beginning of the course. Course fees are payable at the beginning of each segment of the course. After receipt of invoice, payments can be made in cash or via wire transfer

§ 3 Prices

Current valid prices for our different courses can be found at www.fsz-saar.de in the price section. Prices do not include fees for possibly required refresher jumps, extra schooling, admission fees for the parachuting association of the Saarland (FSV Saar e.V.) or license fees payable under the provisions of the German parachuting association (Deutscher Fallschirmsportverband e.V.).

§ 4 Cancellation / Non-appearance

If the course is cancelled by the participant, regardless time and motive, but in particular because it turns out that the participant is unfit for the course or exceeds the permissible maximum weight, we will charge a cancellation fee in the amount of the registration fee. The same holds if the participant fails to appear to the booked course. The participant is explicitly granted the opportunity to provide documentation that in their individual case, the appropriate amount (to settle accrued expenses) is lower than the amount of the registration fee.

§ 5 Course

The training follows the requirements of the German parachuting association (Deutscher Fallschirmsportverband e.V., DFV). Course details and schedules will be determined according to individual requirements and communicated to the participant no later than two (2) weeks before the start of the course. If during the course, the participant misses a material learning objective associated to a training jump, the participant may be required to repeat the respective jump. The decision to repeat a jump lies with the training personnel of Fallschirmsportschule Saar GmbH.

§ 6 Interruptions

If the course is interrupted due to force majeure, e.g. adverse weather conditions, official orders or orders by the airfield operator, technical problems or security risks, the participant is not entitled to damages or reimbursements. Any such claims are only effective if Fallschirmsportschule Saar GmbH (hereinafter also referred to as the “School“) are responsible for the interruption.

§ 7 Continuation

If a course can not be completed as originally scheduled due to the reasons specified in above § 6, the participant may continue such interrupted course at the agreed conditions within a period of twelve (12) months from the starting date of the course. If the participant interrupts the course due to reasons other than those specified in above § 6, participant may still continue such interrupted course within a period of twelve (12) months. However, the School will in such case charge an extra schooling fee according to the expenses accrued during such interruption. Also in such cases, the reimbursement of fees is explicitly excluded.

§ 8 Transferability

Booked services, in particular booked training courses, can not be transferred to other persons, except for gift certificates issued by the School.

§ 9 Provision of services

Unless specific dates for the provision or services have been agreed, the School may at their own discretion determine such dates. The determination of dates is subject to reasonable discretion, and the School will try to consider the participant’s requests where possible.

§ 10 Third-party services

The School assumes no responsibility with regard to the provision of external third-party services.

§ 11 Insurance

The School has effected the following insurance services required under air traffic law:

Statutory third party liability insurance for owners of parachutes.
Coverage: EUR 1.5 million for damages to persons or property.
Non-personal aviation accident insurance for training parachutes.
Insurance sum in the event of death : € 5.000,- and Insurance sum in the event of invalidity : € 10.000,-.

In order to provide the participant with additional insurance cover under membership in the Saarland parachuting association (Fallschirmsportverband Saar e.V.), we provide training courses only to active members of the association.
Any further personal insurance cover lies within the responsibility of the participant. In addition, the School offers the participant the opportunity to become a member of the German parachuting association (Deutscher Fallschirmsportverband e.V (DFV).). DFV members have access to attractive conditions for special accident insurance exceeding the insurance cover described above.

§ 12 Disclaimer

Except for cases of gross negligence or intent on behalf of the School, the participant hereby waives all claims against the School resulting from accidents or other detriments incurred by the participant during or in connection with their parachuting activities, both inside and outside of aircraft, on airfield grounds or otherwise related to aircraft.

§ 13 Liability

The participant is liable for any damages caused by them, unless air traffic laws define other liabilities. Liability claims resulting from the violation of statutory provisions or from gross negligence or intent on behalf of the participant are fully borne by the participant. In such cases, participant will also bear any due excess payments.

§ 14 Exclusion

Under certain conditions, the School may exclude the participant from further courses for substantial reasons. Such exclusion does not constitute grounds for any claims on behalf of the participant. In this context, substantial reasons include, inter alia: Lack of fitness for the purpose of parachuting; violation of statutory provisions under air traffic laws or other laws or directives relevant for the School; further the intentional or grossly negligent endangerment of the participant themselves or of other persons or objects. If the School determines that the participant is unfit for the purpose of parachuting, the participant will be reimbursed an appropriate portion of the course fees, to be determined on the basis of expenses already incurred by the School.